Insurance Beneficial Interest Research

There is much irrationality in the stipulation concerning the insurance beneficiary and his beneficial right in the current law of insurance, which, apart from restricting the further spiritual development and the vitality of insurance notion to a certain extent, has caused many a unnecessary disputes in the actual practice of insurance affairs and has blocked the sound development of the cause of insurance. Therefore, the irrationality results in the polemics on the insurance beneficial right and the insurance beneficiary in the insurance academic circles. In order to make a comprehensive and penetrating analysis of the insurance beneficial right, this thesis defines explicitly the insurance beneficiary-the subjectivity of the insurance beneficial right, and explores his categories and characteristics clearly. On the basis of the insurance beneficiary, the author expounds the nature and the content of the insurance beneficial right, its exercise and limitations and the reason of its elimination. Meanwhile, expressing her opinions on the current legislation of the law of insurance, the author puts forwards some proposals, tries her utmost to bring the relevant stipulation concerning the insurance beneficiary and his beneficial right into perfection and makes it scientifically and rigorously.The author holds that the insurance beneficiary refers to the specific person who can get insurance money when the insured dies. The former is valid only in the contract of life insurance except that of the endowment insurance, the insurance contract that encompasses death elements in other words. Meanwhile, the insurance beneficiary can only denote the person who is not insured, who should never be the insured. The legal insurance beneficiary is the person who is entitled the right to take the insurance money in accordance with the law when the applicant for insurance or the insured does not designate his beneficiary or when the designated beneficiary dies before the insured or the designated is deprived of his beneficial right or abandon his right. Thus, the beneficial money of the legal beneficiary should not be regarded as inheritance. The beneficial right denotes the right of beneficiary who can take the insurance money when the insured dies in accordance with the stipulation of the insurance contrary or the law. If the beneficiary deliberately contributes to the death of the insured, he will forfeit his beneficial right in the light of the law. But the illegal behavior of the beneficiary is his personal behavior. What is forfeited is the beneficial right of the beneficiary. So the insurer cannot evade his responsibilities. Centering on the above viewpoints and on thebase of the advanced legislation, aiming at contributing to the legislative designing of the law of insurance in China, the author applies the methodology of comparative study and that of positive jurisprudence to explore systematically the relevant questions concerning the insurance beneficial right.This thesis contains six parts. In Introduction the author overviews the present studies upon the insurance beneficial right in China. Then she explains the reason why she chooses this topic and the methodology that she applies to solve the problem. In Part One, the author first defines the insurance beneficiary-the subjectivity of the insurance beneficial right and analyzes its characteristics and categories, and later she gives her definition of the insurance beneficiary. Furthermore, she explores its emergence, modification and qualification. In Part Two, the author explores the nature and the content of the insurance beneficial right. After a general and comparative analysis of the nature of the insurance beneficial right, the author indicates that the validity of the insurance beneficial right is based upon the contract, which is not inherited from the insured. What the insurance beneficiary enjoys is only the expective right before the insurance accident occurs, and it is not until the insurance accident occurs that he does enjoy the a...